By: Paxton S.J.R. No. 69
SENATE JOINT RESOLUTION
proposing a constitutional amendment regarding the limitation on
the rate of growth of appropriations and the use of surplus state
revenue to provide for property tax relief and public school
teacher compensation.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49-g(b), Article III, Texas
Constitution, is amended to read as follows:
(b) The comptroller shall, not later than the 90th day of
each biennium, transfer to the economic stabilization fund one-half
of any unencumbered positive balance of general revenues on the
last day of the preceding biennium. If necessary, the comptroller
shall reduce the amount transferred in proportion to the other
amounts prescribed by this section to prevent the amount in the fund
from exceeding the limit in effect for that biennium under
Subsection (g) of this section. For purposes of this subsection,
general revenues are considered encumbered on the last day of a
biennium only to the extent that general revenues are subject to
payment for particular identifiable and legally enforceable
obligations of this state that were incurred on or before that day
and intended to be paid out of appropriations for that biennium.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 49-g-5 to read as follows:
Sec. 49-g-5. (a) Not later than the 90th day of each state
fiscal biennium, the comptroller of public accounts shall determine
an amount equal to one-half of the unencumbered positive balance of
general revenues on the last day of the preceding state fiscal
biennium.
(b) Of the amount determined under Subsection (a) of this
section:
(1) 25 percent may be used only to provide
compensation for teachers, counselors, and librarians employed in
public schools; and
(2) the remainder may be used only to provide ad
valorem tax relief by reducing school district maintenance and
operations ad valorem tax rates.
(c) For purposes of Subsection (a) of this section, general
revenues are considered encumbered on the last day of a state fiscal
biennium only to the extent that general revenues are subject to
payment for particular identifiable and legally enforceable
obligations of this state that were incurred on or before that day
and intended to be paid out of appropriations for that state fiscal
biennium.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 86th Legislature,
Regular Session, 2019, regarding the use of surplus state revenue
to provide for property tax relief and compensation of certain
public school employees.
(b) The amendments to Section 49-g(b), Article III, of this
constitution, and Section 49-g-5, Article III, of this
constitution, as added by the amendment, apply beginning with the
state fiscal biennium that begins September 1, 2021.
(c) This temporary provision expires January 1, 2022.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2019.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment regarding the use of
surplus state revenue to provide for property tax relief and
compensation for certain public school employees."